Terms of Service

1. Acceptance of Terms

By accessing and using the services provided by Encapsulated (“Company,” “we,” “our,” or “us”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use our services or website.

2. Description of Services

Encapsulated provides technology consulting and development services, including but not limited to:

• Product Engineering and Software Development
• Application Modernisation Services
• AI Automation Solutions
• Cloud Engineering and Infrastructure
• Technology Consulting and Strategy
• Support and Maintenance Contracts

3. Service Agreements

3.1 Project Scope

All projects will be governed by separate written agreements that detail scope, deliverables, timelines, and pricing. These project-specific agreements supplement and incorporate these Terms.

3.2 Client Responsibilities

Clients agree to:

• Provide accurate and complete information necessary for project completion
• Respond to requests for feedback and approvals within agreed timeframes
• Provide access to necessary systems, data, and personnel
• Make timely payments according to agreed terms
• Comply with all applicable laws and regulations

3.3 Change Requests

Changes to project scope, timeline, or deliverables must be agreed upon in writing and may result in additional charges and timeline adjustments.

4. Payment Terms

4.1 Fees and Payment

Payment terms will be specified in individual project agreements. Unless otherwise agreed:

• Invoices are due within 30 days of issue date
• Late payments may incur interest charges
• We reserve the right to suspend services for overdue accounts
• All prices are exclusive of applicable taxes

4.2 Refunds

Refund policies will be specified in individual agreements. Generally, payments for completed work are non-refundable, though we strive to resolve any issues through good faith discussions.

5. Intellectual Property

5.1 Client IP

Clients retain ownership of their pre-existing intellectual property and any work product specifically created for them under our agreements, subject to full payment of fees.

5.2 Company IP

We retain ownership of our pre-existing intellectual property, methodologies, tools, and general knowledge developed outside of client projects.

5.3 Third-Party IP

Use of third-party software, frameworks, or services is subject to their respective licenses and terms of use.

6. Confidentiality

We respect the confidentiality of client information and agree to:

• Maintain strict confidentiality of proprietary client information
• Use confidential information solely for the purpose of providing services
• Implement appropriate security measures to protect sensitive data
• Return or destroy confidential information upon project completion

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that our services will be performed in a professional and workmanlike manner in accordance with industry standards. We will remedy any defects in our work at no charge if reported within 90 days of delivery.

7.2 Disclaimers

EXCEPT AS EXPRESSLY STATED, ALL SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the fees paid for the specific service giving rise to the claim
• We shall not be liable for indirect, consequential, or punitive damages
• We shall not be liable for data loss, business interruption, or lost profits
• Claims must be brought within one year of the alleged breach

9. Indemnification

Clients agree to indemnify and hold us harmless from claims arising from: (i) use of our services in violation of these Terms, (ii) client’s breach of any agreement, (iii) infringement of third-party rights by client content or instructions, and (iv) client’s violation of applicable laws.

10. Termination

Either party may terminate services:

• For convenience with 30 days written notice
• Immediately for material breach that remains uncured after 15 days notice
• Immediately for insolvency, bankruptcy, or assignment for creditors

Upon termination, clients shall pay for all services performed through the termination date.

11. Force Majeure

Neither party shall be liable for delays or failures in performance due to circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, or infrastructure failures.

12. Governing Law and Disputes

These Terms shall be governed by the laws of India. Any disputes shall be resolved through:

• Good faith negotiations between the parties
• Binding arbitration if negotiations fail
• Courts of competent jurisdiction in Gurugram, Haryana, India

13. General Provisions

13.1 Entire Agreement

These Terms, together with any signed project agreements, constitute the entire agreement between the parties and supersede all prior communications.

13.2 Modifications

We may update these Terms periodically. Continued use of our services after changes constitutes acceptance of the updated Terms.

13.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

14. Contact Information

For questions about these Terms of Service, please contact us: